REPORT TO COUNCIL
SUBJECT
Title
Action to Approve the Park Agreement with SummerHill Lawrence Station, LLC et al. for Construction of Park Improvements within the Lawrence Station Area Plan
Report
BACKGROUND
California Government Code ? 66477, a component of the Subdivision Map Act and referred to as the Quimby Act (Quimby), permits local jurisdictions to require the dedication of land and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. In addition, if the subdivider (i.e. developer) provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by the local ordinance.
In July 2014, Council adopted Ordinance No.1937 which added Chapter 17.35 "Park and Recreational Land" to the Santa Clara City Code (SCCC) that requires new residential developments to provide developed park and recreational land, and/or pay a fee in-lieu thereof pursuant to Quimby and/or the Mitigation Fee Act to mitigate the impacts of the new residential population on existing City parks and recreation infrastructure. Under Quimby, the land, fees, or combination thereof are to be used only for the purpose of acquisition and development of new parkland or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, or in a neighborhood other than the neighborhood in which the subdivision for which fees were paid provided the legislative body makes several specific findings and adheres to the required reporting guidelines. Further, if the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by the ordinance.
According to City Code Chapter 17.35, proj...
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